Our personal injury litigation executive, Rubina Chowdhury, recently settled an employers’ liability claim on behalf of a construction worker who was hit by a digger on site. The workplace accident had both a physical and psychological impact on our client, who called upon Optimal for expert legal advice and support in making a claim.
Despite having to gather extensive medical evidence, Rubina was able to settle the claim for our client in just 13 months – achieving compensation of £20,900. Discover how we were able to secure such a quick resolution that both Rubina and the client considered justice for the events that occurred.
Construction site accident
Our client was working on a construction site when another employee, operating a digger carelessly, struck him while he was on foot. The accident resulted in serious physical and psychological injuries, including:
- A deep laceration to the right upper thigh, dangerously close to a major artery
- Permanent scarring, leading to cramping and discomfort that worsens in cold weather
- Flashbacks, nightmares, and anxiety when working on construction sites
After the accident, our client was forced to take three months off work and later returned on lighter duties for an additional two months.
Recognising the potential psychological impact of the accident, Rubina recommended a clinical psychologist assessment. However, the client chose not to pursue this option, and Rubina proceeded with the available medical evidence – ensuring the strongest possible case was still presented.
Let’s take a closer look at the basics around accidnet at work injury claims to give you a greater understanding before we unpack the case.
Understanding employers’ liability claims
Under UK law, employers must maintain a safe working environment [1]. If they fail to do so, and an employee suffers an injury as a result, a compensation claim can be made. To succeed in an employers’ liability claim, the following must be proven:
- Negligence – The employer (or their staff) failed to take reasonable safety measures
- Causation – The injury was directly caused by the employer’s negligence
- Damages – Compensation is sought for medical expenses, lost wages, pain, suffering, and future financial losses
Most companies carry employers’ liability insurance to cover such claims, but when a fair resolution cannot be reached internally, legal action becomes necessary.
Building a strong case: Rubina’s approach
With years of experience handling workplace accident claims, Rubina knew exactly what was needed to prove employer negligence and maximise the claim. From day one, she:
- Gathered comprehensive medical evidence to highlight the severity of injuries
- Advised the client on crucial steps to strengthen the compensation claim
- Built a compelling case, focusing on the long-term impact of the workplace injury
We submitted the claim swiftly, ensuring minimal delays in progressing the case.
Negotiating a swift and fair settlement
Thanks to Rubina’s efficient handling of the case, the employer immediately offered a global settlement of £20,900 – a lump sum designed to cover all aspects of the claim, including medical costs and pain and suffering.
Drawing on her extensive legal knowledge, Rubina advised that this was a strong offer given the available medical evidence. She also took a client-centric approach and explained the risks of rejecting the offer and pursuing further litigation, as the courts might not necessarily award a higher amount.
The final decision? Ultimately, the client trusted Rubina’s advice and accepted the offer, resolving the case in just 13 months – far quicker than many similar claims.
Optimal service, every time
In addition to giving robust legal advice, our solicitors are highly trained and well versed in reacting to our clients’ needs – whether they be technical, psychological, or physical. In this case, our client needed assistance signing the paperless documents we provided to him.
At Optimal, we aim to streamline the claims process for our clients by digitalising paperwork, making it quicker and simpler to progress. With a little support from Rubina around the Docusign feature, our client was able to continue using paperless documents and progress the claim to a swift conclusion.
Been injured at work? Contact us
If you’ve had an accident at work and require legal support to achieve justice, look no further than Optimal Solicitors. Our dedicated personal injury solicitors will provide expert advice and reassurance around your circumstances, help you gather all the necessary information and, if needed, progress your case to court on your behalf.
Don’t hesitate to get in touch and find a path forward.
